Real Property Levy Instructions (To The Sheriff) Form. This is a California form and can be use in San Diego Local County.
Tags: Real Property Levy Instructions (To The Sheriff), C-130, California Local County, San Diego
San Diego County SHERIFF’S DEPARTMENT REAL PROPERTY LEVY INSTRUCTIONS The Sheriff must have written, signed instructions by the attorney for the creditor, or the creditor if he/she has no attorney in accordance with CCP 262.686.010. Check here if this is supplemental information or an addendum to previously submitted instructions. vs Plaintiff Defendant Court Case Number Levying Officer File Number (If known) Provide the original writ and 5 copies, together with the appropriate fees. Please print or type legibly. Writ of Attachment – A levy will be conducted in conformance with CCP 488.315 and 700.015 The defendant’s interest is not sold under a writ of attachment. When levy is pursuant to a writ of attachment, AND the defendant has not been previously served with a copy of the summons and complaint, you are required, pursuant to CCP 488.020(c), to instruct the levying officer to serve a copy of the summons and complaint when the writ is served upon the defendant. Please serve a copy of the summons and complaint upon the defendant(s). I am providing two copies of the summons and complaint for each defendant to be served. The defendant(s) was/were previously served with the summons and complaint. ►HAS THE DEFENDANT APPEARED IN THE ACTION? YES NO [CCP 482.070(d)] Writ of Execution (money judgment) No Does the real property contain a dwelling? Yes Writ of Sale – Provide a certified copy of the Judgment for Sale as required by CCP 716.010(c) The judgment is for the … partition of real property. judicial foreclosure of a ... 1 mortgage or deed of trust. a on real property, and… b 2 3 4 5 a deficiency judgment is waived or prohibited. a deficiency judgment may be ordered. on a leasehold estate with… i less than two (2) years remaining on the lease. ii more than two (2) years remaining on the lease, and… a deficiency judgment is waived or prohibited. a deficiency judgment may be ordered. special assessment property tax or Mello-Roos tax lien (judgment creditor is a public entity or district). assessment lien by an association or common interest development. mechanics lien (labor or improvements to real property). other lien(s) on real property. Is a “right of redemption” applicable to the sale of this property? Yes No C-30 (Rev 07/20/11) American LegalNet, Inc. www.FormsWorkFlow.com REAL PROPERTY LEVY INSTRUCTIONS This levy seeks to levy upon (or attach) real property interest of the following judgment debtor(s)/defendants: NAME: ADDRESS (include mailing address): NAME: ADDRESS (include mailing address): The debtor’s interest in the real property to be levied upon and sold/attached is described as follows: (If this is vacant land, please indicate): COMMON STREET ADDRESS (if applicable): Note: You MUST complete Attachment “A” to these instructions including the full legal description, the Common Street Address (if applicable) and the Assessor’s Parcel Number and the names of all record owners. Be sure this attachment is typed and clear enough for recording purposes. You also must provide a clearly marked Assessor’s Map if the real property is vacant land. Please check the appropriate boxes in response to the following questions: • Is the real property a leasehold estate? • Does the real property also stand in the name of a person (other than the judgment debtor/defendant) having a Yes No recorded interest in the real property as shown by the records of the county? Yes No. If yes, how many years remain on the lease? If yes, provide the names and address of all such third persons. The Sheriff is required to serve (by mail) a copy of the writ and notice of levy on each such third person. Section 700.015 of the Code of Civil Procedures requires that if “…service on the third person is by mail, it shall be sent to the person at the address for such person, if any, shown by the records of the office of the tax assessor of the county where the real property is located or, if no address is so shown, to the person at the address used by the county recorder for the return of the instrument creating the interest of the third person on the property.” • List the names and address(es) of the third person(s). Attach a separate sheet if necessary. NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: Additional names and addresses of third persons are contained on a separate sheet. Signature of Attorney (or Creditor without an Attorney) Date PRINT Name and Address of Attorney (or Creditor without an Attorney): Phone: ( ) Fax ( Ext: ) E-Mail C-30 (Rev 07/20/11) American LegalNet, Inc. www.FormsWorkFlow.com Attachment “A” Page 1 PLAINTIFF: Enter the Plaintiff's name here DEFENDANT: Enter the Defendant's name here CASE NUMBER: Enter the case number here JUDGMENT DEBTOR(S)/DEFENDANT(S) (whose interest in the real property is being levied/attached): Enter the name(s) of all judgment debtor(s)/defendant(s) whose interest in the real property is being levied/attached THIRD PARTY RECORD OWNERS Enter the name(s) of all third party record owners COMMON STREET ADDRESS. (if any): ASSESSOR’S PARCEL NUMBER: Enter the APN here LEGAL DESCRIPTION: Enter the full legal description here C-30 (Rev 07/20/11) American LegalNet, Inc. www.FormsWorkFlow.com